Childbirth is an emotional time for every mother, and is often expected to be one of the happiest moments of a woman’s life. However, if medical negligence occurs, this can all be taken away.
The NHS continues to strive for improvement in birth and maternity care. Sadly however, birth injuries do still occur
During what can already be a difficult period, mistakes being made during yours or your child’s care can add extra pressure and worry that you don’t need. In many cases, substandard treatment from a healthcare professional can lead to catastrophic consequences and distress for you and your loved ones. That’s why at Fletchers Solicitors, our team of specialist medical negligence experts will do everything we can to support and guide you through the claims process with professionalism and empathy.
We have over 400 years’ combined experience in dealing with medical negligence and birth injury cases, so you can rest assured that we will bring the best and most experienced legal minds to your case.
What is a birth injury compensation claim?
A birth injury claim is brought when a mother and/or baby has been harmed due to mistakes made by a medical practitioner around the time of birth. This covers a broad range of circumstances that don’t necessarily just occur during childbirth. Any medical procedures around the time of birth should be treated with the utmost caution, as not only one life is at risk, but two.
Whether you’ve experienced a wrongful birth due to failed sterilisation, or you or your child has been injured before, during, or after birth in a preventable circumstance, you may deserve compensation. If something goes wrong around the time of birth, the effects can be extremely distressing – especially if the mistake could have been avoided.
Fletchers Solicitors is one of the leading medical negligence practices in the country, meaning that your case will be handled by experienced solicitors in this complex area of medicine. We believe that everybody who has suffered from medical negligence deserves justice, which is why we act on a no win, no fee basis, meaning all expenses are covered and you will pay nothing upfront.
Different types of birth injury compensation claims
Many types of birth injury are preventable. The Royal College of Obstetricians & Gynaecologists has called for maternity care to be improved, reporting that out of approximately 677,192 births in the UK in 2017, up to 1130 resulted in stillbirth, the death of a baby shortly after birth, or a severe brain injury to the child.
If you or your baby have suffered a birth injury because of medical negligence, you could be entitled to financial compensation. Our specialist medical negligence solicitors support families with a wide variety of claim types, which involve interference or damage related to childbirth, including:
Is there a time limit on making a birth injury compensation claim?
A birth injury claim can be made up to three years from the “date of knowledge”, which means the date that you became aware that you had suffered due to negligible treatment from a healthcare professional. Often, patients find out that a mistake has happened instantly but sometimes it can be a matter of months, or even years before this becomes clear.
If the claim relates to a child under the age of 18, you can make a claim on their behalf any time before their 18th birthday. A person under age 18 has a three year period to bring a claim, beginning on the day of their 18th birthday. If you’d like to claim on behalf
of a child who has passed away due to a birth injury, you have three years since the date of passing.
In cases where the person who suffered from medical negligence does not have the mental capacity to recognise the mistake and move forward with the claim, there is no time limit.
How is birth injury compensation calculated?
Alongside the devastating emotional cost, the financial impact of a birth injury can be life changing for families.
Every case is different, and the amount of compensation settled will depend on a range of factors, including the severity of injuries suffered and what level of care and support is required in both the short and long term.
Over the past decade, more than 1,200 children have been left permanently brain damaged by failures in care during their birth. In cases like this, where there has been a serious and life altering injury, you may have to leave employment to become a carer to your child. Or you might need to make adaptations to your home due to your child’s injuries. All of this will have a financial impact on your family and will be taken into consideration when calculating your claim.
Other factors involved in calculating an injury claim include rehabilitation costs and general damages; including pain, general suffering and emotional trauma.
Why choose Fletchers to handle your birth injury case?
For almost twenty years, we have represented mothers and their supporting families throughout the UK because of negligent birth injuries.
As well as offering the upmost care and support, our experienced legal team will help you and your family navigate through any birth injury litigation.
We understand that injuries from birth aren’t always visible straight away, and it may not be until the child is a little older, until the negligent medical care becomes apparent.
As well as the physical impact of a birth injury, you may also experience trauma or PTSD. Getting the compensation you deserve can not only help alleviate the pressures you may face but can help you get the answers and support you need.
We also appreciate that sometimes a birth injury can be fatal, and that this is a very difficult time for you emotionally.
It is because of our understanding and legal experience that you can place your faith in us as a trusted law firm to receive the birth injury compensation you deserve.